Prospera MundiGuides · Employment
Sick leave: rights, obligations and the lawful limits of control
Sick leave is easier to manage when payment, reimbursement, employee duties and HZZO control are kept as four separate questions. This guide contains only rules grounded in the applicable legislation.
Who bears the compensation
For ordinary illness or injury, the employer bears the first 42 days and HZZO bears the period from day 43. For an employee with disability-worker status, the corresponding split is the first seven days and from day eight. Certain statutory reasons are borne by HZZO or the state budget from the first day.
Even when HZZO bears the cost, the employer generally calculates and pays the compensation and then seeks reimbursement. The employee therefore receives payment through payroll, but the final cost bearer may be HZZO.
Employee and employer duties
The employee must inform the employer as soon as possible and provide the medical certificate within three days, subject to the statutory exception for justified inability. The certificate communicates temporary incapacity and expected duration; it does not give the employer a general right to the diagnosis. Medical-control documentation is protected.
Reimbursement requests are generally filed digitally, with the prescribed paper documentation used where justified digital filing is not possible. The employer’s reimbursement claim is subject to the statutory three-year limitation period, so old unreimbursed periods should be reconciled rather than left in payroll records.
What lawful control means
While temporary incapacity continues, an employer may submit a written request to HZZO for control in a specially justified case. HZZO reviews medical documentation, indication and the need for continued incapacity. If continuation is no longer medically justified, HZZO sets the end no earlier than the control date. This is a regulated request to HZZO, not an employer investigation tactic.
Working during sick leave, failing to follow treatment or leaving the place of residence without the doctor’s consent can result in loss of compensation under the statutory conditions. Sick leave itself remains separate from employment misconduct and is not, by itself, a justified dismissal reason.
Ordinary illness continues
An employee remains unable to work beyond 42 days. Payroll still calculates and pays the compensation, while the cost moves to HZZO from the statutory point and the employer submits the reimbursement claim.
A specially justified control request
The employer sends a reasoned written request to HZZO while the incapacity is active. HZZO, not the employer, performs the medical control and communicates the prescribed outcome without disclosing a general medical file.
Illness during annual leave
Properly established temporary incapacity is not counted as annual leave. The affected days remain subject to the sick-leave rules rather than being consumed as holiday.
Frequently asked questions
How long does the employer bear ordinary sick-leave cost?
For ordinary illness, the employer bears the statutory initial period; after that the cost can move to HZZO while payroll and reimbursement procedure continue.
How much is sick-leave compensation?
The percentage and payer depend on the legal reason for incapacity and any applicable limits. There is no single rate for every type of sick leave.
When must the employee provide confirmation?
The employee must notify the employer and provide the prescribed medical confirmation within the statutory framework, subject to justified impossibility.
May an employer request a sick-leave control?
Yes. A reasoned written request can be submitted to HZZO while the incapacity is active. HZZO performs the medical control and issues the prescribed outcome.
May the employer know the diagnosis?
Not as a general right. The employer receives information necessary for employment administration, while health data remain specially protected.
What if the employee works while on sick leave?
Work or another activity inconsistent with the incapacity can have consequences under health-insurance and employment law, but the facts require lawful proof and assessment.
May frequent sick leave be the reason for dismissal?
Illness or temporary incapacity is not itself a justified dismissal reason. Any other alleged reason must independently satisfy the Labour Act.
Do I lose annual leave if I become ill during it?
No. Properly established temporary incapacity is not counted as annual leave for the overlapping days.
As a sole trader, do contribution arrears affect compensation?
They can. Eligibility and payment for a self-employed insured person depend on the statutory insurance and contribution conditions.
Verified primary legal sources
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Status date: 30 July 2026. This guide is general information, not tax or legal advice for a specific case. Croatian rules and annual amounts can change; the date above is part of the information.
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